Know Your Rights
You have rights and you most likely need an attorney to show you what they are and how to enforce them. So why don’t some people want a family lawyer? I’ve asked around over several interviews with my clients, and here are the responses I get:
- You are too expensive!
- The other spouse will get ‘mad’ if I hire you
- The forms look straight forward enough
- We get along and should probably be okay
There are some great success stories coming from county courts regarding couples who filed divorce without an attorney. The largest predictor in my view, is how the spouses communicate and respect one another. However, where one spouse isn’t communicating or respecting the other, or not being honest about finances, you should know your rights to obtain a fair and transparent result.
I’m not here to tell you that you always need an attorney, but at a minimum, you should talk to more than just myself and speak with several family law attorneys to get a better understanding of issues you haven’t thought about, and get a feel for who you want to work with.
I also can’t change your perspective of all attorneys, if you are so predisposed. However, I can listen to your situation, spot issues, and provide a recommendation based on my experience.
Low-Cost Initial Consultation
A low-cost initial consultation, with Lund Law Office, SC, will allow you to explore your options and know your rights. Your best move is always to seek professional legal advice before committing to anything in writing. You should also be careful of making any major financial decisions before the divorce is filed, to avoid complication, or worse.
Divorce and Changes to Your Order
I explain the divorce process specific to your county and walk you through the typical divorce process before anything is filed. I then proceed, step-by-step, following the court rules, to obtain a divorce. I nearly always recommend mediation if there is even a glint of hope to do so, and most courts order it regardless. I explain all your rights before you agree to any order that may affect you, your property or your parenting. Any agreement is signed, only once you understand what you are signing up for.
Sometimes the other party might not follow the order. Sometimes, you might not, either. You should seek an attorney to review your order and explore your options before filing or responding to any motions. I can recognize your chances and seek alternatives that may avoid the necessity of court hearings. When there is no alternative but a hearing, I prepare and proceed with the facts, and argue your side. I’m not foolish to guarantee any result in family court, but at the end of the process, my hope is that you sense a best effort on your behalf.
Child Custody and Modification
Matters concerning children use a “best interests” test: what is in the best interests of the child? Sometimes the parents don’t agree to the answer to that question. The child may be assigned an attorney of their own, to advocate for them. The concept of a third party swooping in and advocating for your child can be very difficult to comprehend. There is a maze of possibility when confronting difficult issues surrounding children and having an attorney can be crucial to advocating your version of what is in their “best interests”.
There are rules and guidelines in place for when changes need to be made to custody orders. Speaking to an attorney can help you weigh the efforts in obtaining a new order. In some cases, the parties communicate and respect each other enough to agree. If you aren’t comfortable with what the other side is proposing, you should review your order with an attorney, together with any facts that show a change in circumstances since the entry of the previous order.
Will I Go to Court?
You can be guaranteed at least one hearing even if the parties agree unless you follow a specific procedure outlined by the counties for a “hearing-free” divorce. If this option is realistic and fair, by all means take it! Otherwise, if there are any issues that are best heard by a judge, you should consult with an attorney to understand the issues and facts that both help and hurt your case.
Family Law Attorney Brad Lund of the Lund Law Office, SC has helped hundreds of individuals through transition since 2000. Mr. Lund is actively licensed and admitted to the Bars and US District Courts of the States of: Colorado, Wyoming and Wisconsin. His offices are located in Denver, Colorado and Cheyenne, Wyoming. Contact Mr. Lund of the Lund Law Office today for further information or for a low-cost initial consultation.
The information contained in this web site is general information regarding the law. Nothing contained herein constitutes the formal rendering of legal advice, nor can it create an attorney/client relationship by your visiting this web site. The law changes and only a consultation can confirm anything you may have read on other websites, including this one.